it's what makes a subaru, a subaru.

good evening, i'm dan ashley. breaking news in menlo park, a hazmat situation on o'brien drive. fire chief tells us that an employee called in a chemical spill of hydrochloric acid and sodium hydroxide. chemicals could mix in the form of vapor cloud. we don't know the name of business. it's happening in menlo park. we have a crew on the way. now, to california's controversial contribution to the fight against climate change. businesses that can't meet the state's new cap on pollution can trade with those that can. the goal is to reduce global warming but the cap and trade program could translate big money to cash strapped california. nannette miranda has more from sacramento. >> reporter: in an e-mail like

auction, california took bids for credits for industrial facilities like oil refineries. under the legislation, the credits from the cap and trade program allow businesses to emit a certain amount of greenhouse gases. it starts at $10 per metric ton. new approach aims to stabilize if not reduce the effects of global warming. >> we think today salmon utility al step forward for california and really a beacon of hope for the rest of the nation. >> the number of pollution credits could get more expensive as allowances become scarce. the goal is to have the same level of greenhouse gases at 2020. companies are forced to buy more credits. either way it costs money. >> it's the price of doing business. you pass it down through the consumers. >> air resources board estimates

when the oil industry is phased in, gas prices will go up by 18 cents a gallon. one study found electricity prices would go up to $5-11 a month for consumers. food processors they will have $34 million of increased utility costs or they could just leave the state. >> that means job loss. >> environmentalists point out the goal is to slow the effects of global warming and clean up the air no matter the cost. >> certainly the way it's designed it's designed to promote innovation. it's not going to result in skyrocketing costs. >> the non-partisan analysts say the billion dollars is expected from cap and trade may be too

optimistic. it may be off by as much as $400 million. >> dan: governor brown wants to find new ways to stretch the budget dollar. a meeting on the u.c. regents committee focused on budgets for the next school year. he suggested online courses are a way to keep costs down. he says the passage of proposition 30 offers hope, there is a long way to go to balance the higher education budget. >> so with cuts, we got a lot of cuts. with proposition 30 we have some revenue. at the end of the day, three times more cuts and reductions than there is revenue but together, it pits the state in a very solid position a sustainable balanced budget for years to come. >> dan: governor brown asked to table a proposal to increase tuition for professional grant programs and that averted a protest by student groups.

thousands about your house. home sales continue to rebound. about 8,000 were sold last month in the nine county bay area, that is up almost 14% compared to september and 21% compared to a year ago. the only sector not recovering are homes that are selling for less than $300,000 and under water. they are down 15% compared to last year. on the flip side, sales of homes costing between $400,000 and $800,000 are up 26%. the median sale price for all homes is $416,000. the post election pledges of bipartisanship did not last very long. eight days after the election, top senators are drawing a line over susan rice becoming the next secretary of state. jonathan carl with a blistering war of words. >> the real flash of presidential anger on the attack

in benghazi. today, republicans mccain and graham lashed out at susan rice the leading candidate to replace hillary clinton because she suggested that the attacks begin as protest. >> why would susan rice not get our vote? i don't trust her. >> we put that to the president. >> he said he simply trust ambassador rice? >> if senator mccain and graham want to go after somebody they should go after me. but to go after u.n. ambassador and besmirch her reputation is outrageous. >> they issued a statement directly to the president, don't think for one minute i don't hold you responsible. i think you failed as commander in chief before, during and after the attack. there is a major show down on this still to come.

>> dan: and eight days after the election, now to mitt romney's eye rising comment. he is telling his donors he lost his election because president obama showered voters with gifts. david muir has that story. >> romney leaving his hotel the day after the election, next to the convention center where we was to deliver the one speech he had written, his victory speech, but mitt romney has been explaining his loss. it started at a breakfast the very next morning. now today, eye-opening explanation yet during a conference call with a even larger group of donors. he is saying that he won in part because of gifts the obama administration had given to particular groups in this country. >> what the president's campaign did was focus on certain members of base coalition given extraordinary financial gifts from the government and then

work aggressively to turn them out to vote. >> among those groups the gifts went to, romney discusses the african-american community, young people and hispanic community. here offering one of gifts to them. >> what the president did he gave them two -- one big gift on immigration with the dream act and amnesty program. >> second thing to get hispanic voters? >> number two, put in place obamacare which basically is $10,000 a family. its proven political strategy which is give a bunch of money from the government to a group, and then they'll vote for you. >> this has been his argument since the moment he realized he lost. telling his closest circle that america is an entitled society. >> giving away free stuff is a hard thing to compete with.

>> dan: pg&e workers sent to the east coast to help restore power are now back in california. some of the 270 workers landed in sacramento this afternoon. they received a warm welcome after spending two weeks restoring power in new york and new jersey. the utility also sent dozens of trucks back east to help them do the work. >> in daly city tonight no time to waste. folks are trying to shore up a hillside weakened by a water main break that flooded streets. lyanne melendez has the story. >> reporter: as soon as daylight hit. they begin the job of erosion control, first shoving back mounds of dirt. hay bales to keep the water and debris away from the street and homes once the rain begins. >> we're going to try and

sustain it and not create a public nuisance for the neighbors by having more of the muddy water going down the streets. >> this was the scene yesterday in this daly city neighborhood, mud everywhere after a water pipe broke. cars were covered up to their wheels. a few residents were evacuated but eventually allowed back inside. today the department of water and waste resources crews are clearing mud. they want to divert the water into the storm drain. it will help clear the rain of debris. >> if there is something we need to be worried about, they would tell us. they didn't tell us anything yesterday so we think we're safe for now. >> i'm concerned about the park. we have had a beautiful park. >> a park now covered several feet deep in mud. a plan to permanently deal with that hillside is expected to be

discussed later this week. >> get that under control and see what the weather forecast looks like and have a defined plan what we need to do to make a permanent repair. >> they say neighbors have nothing to worry about. >> somebody asked me if i would sleep there, i said, yes, i would. >> they don't know why the pipe ruptured. they believe age was a factor. >> dan: they are racing against the rain. as for the forecast, we'll talk to spencer christian when it is going to arrive. >> rain will be here in about 24-36 hours and may last for a while. closer look on live doppler 7-hd >> and what people were wearing on the steps of city hall today. the legal steps to make it permanent. here tonight, a puppy alert. this one was taken from a home that was ransacked in redwood city with a woman in special needs.

two teenage girls fight off an intruder armed with knife. how the teenagers may

a family is pleading for the return of a puppy.

thieves broke into the home on monday and ransacked the place including the family's 11-week old gus. they were bond weight puppy and they were eventually going to teach him to alert care givers. >> we love gus. she can't really speak that well but she would call him gus-gus. >> we are assuming that somebody saw gus and thought he was valuable dog to sell or keep as pet. >> they are offering a reward and posting flyers and turning social media for help. >> in san rafael, two teenager girls fought off a man with a knife. it happened last night in an apartment h. two of them were living there. one fought with the attacker and other called 911. hispanic male, 19-25 age with a

thin build. dark skin, high cheekbones and sun spots on his face. he also received substantial facial injuries and possible stab wounds to the upper body. the city of san francisco is being sued tonight and share the facts with you. it's a legal action fighting for the right to be naked in public. carolyn tyler has the story. >> reporter: a preemptive strike or a publicity stunt. why the nudists are heading to the federal courthouse. they are asking for a judge for a temporary restraining order from banning a fundamental freedom. >> i'm trying to protect my clients that is guaranteed by the united states constitution. >> they will file a class action

lawsuit. they are protesting a ban on nudity. they say his constituents are sick who have all but taken over a plaza in their district. >> the lawsuit is from what i can tell is a publicity stunt. it seems frivolous to me. nudity restrictions are common and throughout parts of california. >> the protestors say san francisco is different. >> san francisco was built off the barbary coast was built from nudity and gambling. >> the show stopping noontime rally captured the attention of tourists. a mother of the bride from boston was not amused. >> it's a little extreme. if you want to do, but you shouldn't do it in public. >> the mayor agrees. >> we're talking much more than

first amendment rights and people have gone over board. >> there will be another protest on saturday and then next week the full board of supervisors will take a vote on the proposed ban. >> dan: the weather today made clothing optional. it was night and warm. >> depending on go on where you were. >> let's check the live view on mount tam, east bay camera at emeryville. you see the bay bridge and city in the background. we still have mainly clear skies waiting for those clouds to arrive and they or their way but a little slow to arrive. here is a look at live doppler 7-hd. you can see some clouds offshore. just beginning to make it in the north bay but most part we have clear skies that will be partly

cloudy overnight. how about the high temperatures, official high of 68 degrees. but the warmest weather was at our beach front locations. 74 at half moon bay. 75 in santa cruz and numerous other locations with highs in the upper 60s to low 70s. 61 in san francisco. very mild. 59 across the bay in oakland and mainly in the 50s and other locations around the bay area, these are forecast, clouds will increase and chance of showers by tomorrow night. we'll expect periods of rain friday through sunday. it will be a wet week but rain will not be continuous. overnight tonight, a little chilly in the north bay valley, lows will drop down to 40 degrees. highs in upper 40s to around 50. here is satellite radar, showing a ridge of high pressure pushing inland and that will be replaced by clouds and some precipitation as the area of wet rain is gathering for friday. we'll start our forecast

animation at 11:00 tonight. you will see more clouds by tomorrow morning, by midday tomorrow, clouds will thickening by late afternoon hours and in to tomorrow night and rain develop and periods could be moderate and heavy at times on friday. the rain begins on friday and by 10:00 saturday morning, we could be looking at rainfall totals up to inch and a half in the north bay and santa cruz and half an inch in south bay and three-quarters on the peninsula and east bay. tomorrow, partly cloudy early with sun breaks in the afternoon. mid to upper 60s. 66 in cupertino. on the peninsula highs 65 in san mateo and low 60s's on the coast. even with the clouds moving in it will still be mild along coastal areas. downtown san francisco, a high of 65. highs moving into the upper 60s. 68 at santa rosa and calistoga.

east bay, highs at 67. inland, highs in the upper 60s. here is the accu-weather seven-day forecast. rain arriving overnight tomorrow night into friday. we'll also have showers on saturday. showers likely on sunday. partly dry on monday and slight chance on tuesday and wednesday. we have definitelyoving into that wintery period. >> wintry weather a few days ago tahoe ski resorts are open for business. >> i'm laura anthony, and some of the slopes are already open. more coming up. >> dan: plus five hour energy drinks, pressure is mounting on the manufacturer. why the government is cracking down. stay here with us. "abc 7 news" atmçó4+y?i

>> dan: heavily caffeinated drinks are getting attention from the fda. they confirms it receives reports of 13 deaths over the past four years that mention the use of product five hour energy drink. another five reports including monster energy drink. they say mention of the products in reports does not prove any association with the deaths. the distributor of five hour energy, it's unaware of any deaths proven to be caused by the consumption of five hour energy, unquote. turn out the lights. darkness of depression can be triggered by light. a professor studied mice. it turns out too much at night

can trigger depression and even learning problems. take away for people, go out in the daytime, get natural sunlight and avoid bright lights at night including from a computer or a tablet in the dark. >> both nasa and russia say they were in control of the international space station even though a cable was severed. communication has been rerouted because they can't send commands to parts of the space lab. the picture of crew, american astronaut is among them. cable damage could delay the return of three astronauts back to earth. a lot more to bring you here tonight. shining spear said all the world is, indeed, a stage and so is the soccer field. crackdown in sports. plus, san francisco democrat nancy pelosi linesp dozens of

women why she wants to keep her job in washington. israel launches an assault on gaza including this assassination, who was killed and why.

>> dan: there has been a lot of speculation that nancy pelosi might step down after failing to win back the house, tonight she says she will ask her democratic colleagues to keep her on in the house of represent i identifies. mark matthews for the reason. >> all the women elected, she announced she would like to stay on as the house minority leader. >> we have work to do. i have made a decision to submit

my name to my colleagues to once again serve as the house democratic leader. [ applause ] >> she failed in her drive to take back the house, but that is not going to count against her? >> my colleagues made it very clear. i think they must have coordinated with each other because their message was clear, don't even think of leaving. >> on election night it became democrats would not be taking back the house, i asked the spokesman for democratic committee if she failed? >> she is the best fund-raiser in the history of american politics in the house. >> there wasn't a hint she should be replaced. that fund-raising is a big part of the reason. in the past 22 months, pelosi has attended 650 fund-raising events, raising $72 million for democratic members of congress. they say democrats could wind up as many as eight more seats. >> that is better than people

thought going in. i think the expectation was there was never a chance really to get control of the house again because of the redistricting that took place in the republican states. >> she said she wants a seat at the table. today the president says she will be calling congressional leaders at the end of this week to pass a tax cut extension for the middle-class. >> right now i wanted to make sure taxes on middle-class families don't go up. we could get it done by next week. >> congressional republicans say they don't want to eliminate the bush-era tax cuts for anybody including those making more than $250,000 a year. >> if you want to see people get back to work. >> you remember it came up to to vote the president caved and extended them to everyone. this time around he says he will hold the line and that is another reason that nancy pelosi should stay on as minority

leader she brings backbone to the liberal side of the table. >> dan: tonight obama administration is giving full support to israeli air strikes on the gaza strip. they say israel has every right to defend itself against militants that are firing rockets. in this footage you can see a car circled tracked by israeli forces and blown to bits. here is what the car looked like having being hit. killed inside this car, hamas military commander. he was notorious in israel for his involvement in a string of attacks including the kidnapping an israeli soldier in 2006. these air strikes are most serious escalation of violence in that region for years. a rare waterspout spotted in

japan. take a look at the pictures. japanese television showed the footage of the large twister over the ocean. it lasted about ten minutes before arriving on hand on honshu island. >> police in south africa arrested a man that swallowed 220 diamonds in an attempt to smug them out of the country. a scan revealed he was carrying the diamonds. they were recovered. the diamonds are worth more than $2 million. tsa plans to roll out a new screening system at san francisco international airport tomorrow. it's called tsa pre-check and allows passengers to be pre-screened so the tsa can concentrate on people who are more likely to pose a risk. >> after a dismal ski season in 2011 the weather seems to be cooperating. two resorts opened today,

heavenly and northstar. laura anthony explains, skiers are licking their chops. >> we're not even halfway through november and already several lake tahoe ski resorts are opened for the season. >> you look at this. how could you not want to could this. it's beautiful and open. >> after a good early season storms, both northstar and heavenly opened two days ahead. northstar the base is one to two feet. enough to open four lifts and seven runs. >> we're excited about this year. people are thrilled. we've had a fun day. >> plenty enticing for those who want to make a few early season turns. >> how is it working out for you? >> awesome.

>> this is manmade? >> it works. it covers the rocks and there is plenty of it. >> northstar managed to create some features for those looking to get some air? >> do you think it's a good time? >> definitely a good time. get more snow and nice and sunny. >> reporter: boreal is already open and squaw valley is set to open on friday. >> dan: coming up, surprise pick in the cy young award. photographs that depict the hopes and dreams of young people in the bay area and

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>> dan: charges dismissed against a photographer accused of being involved in high suit pursuit of singer justin beiber. the judge says the law is overly broad and aimed at news gathering activities protected by the first amendment. it has been said if a person can articulate or visualize a goal, that goal has a better chance of becoming true. proof of that something that wayne freedman begin working on two months ago. >> it may be the last stretch where you would find young artists. this is sanctuary, plain and simple, a temporary home of last resort. >> they lose their job, they get

evicted from their homes. some people are running from domestic violence. >> they are people with children many of them children who never dared to hope or have dreams. >> getting them to write down the hopes was almost impossible until this woman arrived. >> they always hope for a home of their own. they hope for a sister to be healthy. the hope for a mother month to smile again. >> linda is photographer. her mission is to visit shelters across the country and ask kids to photograph those hopes and dreams. >> one little boy, i hope to live past 32. i don't know where he came up with that. how he captured it when he photographed a jersey that had

number 32 on it. >> the pictures they take become greeting cards. photos are raw and transparent. a dream to end world hunger. a dream to make a difference. a dream to go to college. a dream to help other homeless kids. >> they are just like everybody else but they got the values together because all of their truly matter. >> so one day last september... linda introduced to the concept of a camera and gave one to each of them. just holding the cameras in their hands empowered them. >> it's on like a treasure hunt. each time you capture a dream you cross it off the list. >> because i want to do this. >> danielle photographed a globe. >> because i put on my list to go everywhere. >> she took a picture of one

word. hopes and dreams are surprising even to parents. >> it's good to know what she is dreaming of. >> two and a half months later, safeties to say that hope and dream has not come true but others have. they are out of the housing shelters and have permanent homes. they did get, however, for one last thing. like any other unveiling, this was the day they got to see their finished cards and hopes and dreams on paper. >> to be miss universe. >> one wanted to get to third grade. she sees the future far beyond that. >> did you ever think of

yourself as photographer, do you now? >> flew a lens and greeting cards. wayne freedman, "abc 7 news". >> dan: how sweet and powerful is that. coming up next, faking an injury how one sport is clamminging down on significant art of down on significant art of

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>> dan: san francisco ferry building is lit in blue tonight. its beacon support for world diabetes day. it affects 26 million people in this country alone. >> clear out there now as you saw in the live picture but that is changing and spencer christian is back with the forecast.

>> should be much different picture in about 24 hours. time lapse view from mount tam camera with the trees sort of shaking in the wind. we had a few high clouds but blue skies throughout the afternoon. even at this hour, clear skies and clouds will move in overnight tonight. statewide, mainly sunny and mild day for most of the state. few clouds and shower or two to our south. that will be working up into the bay area overnight. tomorrow in the daytime, partly to cloudy skies. mild and high temperatures in the mid to upper 60s. accu-weather seven-day forecast, looks like this. we'll have two mild days coming our way but showers will arrive tomorrow night. rainy on friday. more rain on saturday. showers likely on sunday. drying out to o monday but wet weekend, there will be periods of wet weather through the weekend. >> dan: thanks very much. blowing the whistle on bad falls

and bad calls in the n.b.a.. this is called flopping, now the league is cracking down as it is more common. >> they are flopping all over the place. in the n.b.a. they would all be suspended. >> not quite but this season in the pros they are punishing bad acting. >> that is flop. i mean its bad example for the kids and fans, right? >> are you going to get down on the flopers? >> get that out of here. >> no place in the game. >> they threw one of the first official warnings for this. offenses draw fines up to $30,000. bigger punishment perhaps.

>> this was illegitimate play, this flop will be penalized. >> flopping almost doesn't do it justice. it's trickery, deceit. >> when i first came to the league nobody flopped. >> they learned from soccer. look at him punch himself in the face. >> you god got a god given talent and you flop? >> some guys can do it bert than others. >> can you name names for us. >> i will. chris bosh, february of last year. >> great ballplayers. academy awards are in march. ere are some guys in the league that are known for it. you get a warning first time.

$5,000, $10,000, $15,000. it's going to get pricy. flop and it's going to get expensive. the latest on alex. the latest on alex. he is trying to come back [ male announcer ] citibank's app for ipad makes it easy for anne to manage her finances when she's on the go. even when she's not going anywhere. citibank for ipad. easier banking. standard at citibank. easier banking. ♪

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>> dan: coming up tonight at 11:00, a convicted child molester is seeing volunteering at a kids festival. why sheriffs could not arrest this man. turning your old jewelry into a holiday cash. michael finney will be with us to tell you how you better than you might think. larry beil and everyone wants to know is alex going to be ready for next week? >> i think so. i'm not a doctor but i play one on the newscast. alex took part in non-contact. he appears to object track in

the game starting against chicago. smith suffered a concussion. he had to pass tests to be cleared to return to the practice field. he did a light work at niner complex. assuming that he doesn't experience any more symptoms, next step for doctors to clear smith for a regular practice. >> i felt good today. everything i did i felt good but it's not up to me. it's a question for the doctors. they have a lot of stuff they are looking at. i'm not sure, but they are check meig symptoms and stuff like that. i feel good. >> raiders don't feel good. 3-6 and all kinds of problems. they have given up a total of 97 points in the last two games. injuries went back and forth and carson palmer to air it out. he knows the raiders have to put up big points on sunday. >> you still need to go about

your job. you also need to be a realist and realize this is number one offense in the league. they score a lot of points. we need to handle our jobs and execute our jobs, but we also realize what team we're playing at the same time. >> the warriors giving a way in double overtime against denver. hall of fame midnight against atlanta, honoring john nelson. richard jefferson, a foul off the bench, blows past anthony morro and green his first bucket as pro then he gets teed up for tossing. he was talking to himself. he scored -- whatever. harrison barnes, knocked down the three ball. and david lee and dunk.

this would be with authority. warriors up by 6. i've and the terrible, just a brute down there. warriors are up with a minute to go. clippers at staple ton. lebron james in the passing lane and this will be converted into the basket. she known for one thing, seven feet tall and can jump out of the gym. one-handed flush and then two hands. third quarter. lebron explodes and the soft finger roll. that is so nice. that is incredible. clippers leading this game, 95-76 over miami. bob says he was in shock when he was named manager of the year. he met with the media today. he won the same award in arizona

back in 2007. as the only managers to ever win this award in both leagues. >> one thing i did think a little bit last night if i was lucky enough to win it, win it in both leagues, american league and national league. i was lucky enough to be put into that position. that was the one thing that was special about winning the award. >> cy young turned out to, dived price ending out the man, justin verlander. it was very close vote. four points separated the two. price had the lowest era in the american league. knuckle bar, great story. he was 20-6 with a decisive winner. amazing turnaround for the 38-year-old dick. he was the first player cut by

mets in spring training. >> san jose football team having a great year. spartans heading to their own home game. he was remarkable with poise and touch. mike shumann wanted to see what he could do firsthand. this is actual speed for shu. reminds him of joe montana. >> you see really cool under pressure. where does it come from? >> that is how it's been. i try not to get too worked out. i looked up to joe montana. he is one of my role models as a kid. >> always good to be compared to joe montana. >> he has a lot of talent. >> he is a good quarterback. >> shu on the run. that is our report. for all of us i'm dan ashley. thanks so much for watching.